Plaintiff Paul Mueller (hereinafter plaintiff) was employed by a contractor performing concrete construction on a job site owned by defendant. On the date in question, plaintiff was disassembling, stacking and storing steel slab forms that are used as a mold to shape concrete walls and pads when they are poured. The task involved a crane removing the forms from a flatbed truck and moving them approximately 50 feet so that workers could disassemble them for storage. The crane removed two forms that were fastened together, weighing approximately 1,035 pounds, and set them on the ground in a trench next to a concrete pad, with the intention of leaning the forms against the pad until they could be taken apart and properly stored. A worker was sent to retrieve scrap wood to place between the form and the pad, so as to protect both surfaces. Plaintiff realized that the forms were backwards, which would prevent the workers from removing the clamps attaching them to the crane cable. He signaled to the crane operator, who lifted the forms above the workers' heads, spun them around, and again placed them on the ground. Plaintiff and another worker each held one end of the forms and other workers unhooked the clamps on the crane cable, while waiting for the scrap wood to arrive so that they could lean the forms against the pad. After the workers released the clamps from the forms, the crane boom began to swing away. As it moved, however, the crane cable snagged the forms, lifting them approximately six to eight inches off the ground before dropping them. Plaintiff was injured when the forms fell against his leg.
Plaintiff and his wife, derivatively, commenced this action alleging common-law negligence and violations of Labor Law § 240 (1) and § 241 (6). Plaintiffs moved for summary judgment on the issue of liability and defendant cross-moved for summary judgment dismissing the complaint. Supreme Court denied plaintiffs' motion and partially granted defendant's cross motion, dismissing the Labor Law causes of action. Plaintiffs appeal.
Supreme Court properly dismissed plaintiffs' claim under Labor Law § 240 (1). The statute's purpose is to protect workers
Plaintiffs do not contend that the crane cable was inadequate as a safety device for the actual hoisting. Indeed, they contend that the cable was the proper device, but that it should not have been detached until the forms were secured against the scrap wood and leaning against the pad. This use of the cable was not for hoisting or elevation-related purposes, but merely to hold the forms upright while they remained on the ground. Thus, the failure to keep the cable attached until the forms were stabilized potentially created a general workplace hazard, rather than the kind of elevation-related hazard contemplated by Labor Law § 240 (1) (see Narducci v Manhasset Bay Assoc., 96 NY2d at 268; Desharnais v Jefferson Concrete Co., Inc., 35 A.D.3d 1059, 1060 ; Atkinson v State of New York, 20 AD3d at 741).
Supreme Court also properly dismissed plaintiffs' claim under Labor Law § 241 (6). Plaintiffs allege that defendant violated a regulation, entitled "Concrete Work," which states that "[f]orms, shores and reshores shall be structurally safe and shall be properly braced or tied together so as to maintain position and shape" (12 NYCRR 23-2.2 [a]). Although sufficiently specific to form a basis for liability under the statute (see Morris v Pavarini Constr., 9 N.Y.3d 47, 50 ), that regulation is not applicable here. The regulation applies during actual concrete
Ordered that the order is affirmed, with costs.